Abbey (merged)

Harrybaby

Hi corrine, Yes I had to pay £100 for each court allocation but the appeal against the stay has no fee. Just hoping to get a court date soon for all cases.

johnnyroper

i am thinking of applying to my local court to have the stay removed but am a bit confused.

on penalty charges.co.uk it has a template letter and also says i need to fill in a n244 form,is there anything else i will need to send to the court and is there a fee to pay?

i take it a copy will need sending to shabbey aswell?

is it worth putting in a covering letter to the court explaining i started the process back in febuary and abbey have delayed it all the way?

sorry for all the questions but your help is appreciated

markgeary2k1

Hi

I have been in the process of claiming back 1500 pounds from Abbey, I have sent two letters threatening court action and after eight weeks they have sent me a letter offering £590 as a goodwill gesture. This has been credited to my account however, I am not happy with this.

Does anyone know how to reply back to them - I only want to accept this as part payment and still wish to pursue the remaining £1000.

They can't then take back the £590 out of my account can they?

Your help would be appreciated.

Thanks
Mark

SarahApples

I have a court date this Thursday against Barclays.

Saturday received letter from Barclays saying the Court Date been stayed. ( and they'll get back to me in a year when the Test Case has been resolved!)

Today: Rang court and they say the Court Case is still going ahead as they have not received any Application from Barclays to stay the case.

What do I do? Currently been on hold for 21 mins already trying to speak to Barclays?

Anyone else in this position?? :mad:

suelumsden

Hi SarahApples, Im in exactly the same boat, going to Court this afternoon at 2.15 with Abbey, I found out they have to go in front of the judge if you already have a court date to get the stay, so they are just hoping you wouldnt turn up. The advice I have been given is that you should go, turn up early and if they ask for a stay, say you want to be in front of the judge when they ask, and then you argue against the stay see www.penaltycharges.co.uk where they have a good article on applying to have stay lifted. Anyway good luck and please send positive thoughts to me this afternoon at 2.15. Im really nervous. I was also told that if there was a stay they needed to give you 28 days notice. This is just dirty tricks to make you not turn up. Go gettum!!

charlie3010

Started my original claim in February. After months of trying to get a statement of charges, I put my claim in, in May. I had a letter stating that due to high number of claiments it would take 4 weeks. 4 weeks later I had another letter stating they would be in touch within another 4 weeks. My claim was for £5100 + interest. Last week, whilst I was on holiday, I had a later stating that they were quite within their rights and that the charges were legitimate but as a gesture of goodwill they will reimburse my account with £815, which they did while I was on holiday, and that they will close my case. DO I NOT GET A SAY IN THIS! I am not very happy that they have decided to close my case. I would rather wait until the test case has been heard. Apart from writing to them to state I am not happy, what else can I do? How many other people have they done this to? Just think how much money they will save themselves by doing this. Has anyone else had the same happen to them? All advice will be greatly received.

Beate

Tell the bank you are accepting their payment as part payment only and without prejudice, and will claim for the rest in court. And then do just that. Even though the test case might not be heard until next year, it is important to get your claim in the system now, especially if any of your charges are close to the 6 year mark.

charlie3010

Thanks Beate, I will do that. It just confuses me as to the different ways the Banks are dealing with this. Some of my charges do go back 6 years, but I was insulted at the way in which they put £815 in my account as opposed to the £5100 + interest I am claiming, and then had the cheek to say they are closing my case.

RobertoC_2

Fingers crossed for you suelumsden. I can't wait to hear how things worked out for you at court today. Please let us know what court you attended as I guess different Judges at different courts are agreeing/not agreeing to stays. I'd be grateful of input from anyone with knowledge of what's been happening at High Wycombe Cty Crt since the OFT proceedings began.

suelumsden

Just got back from Court - it was stayed. It was stayed even before I got there, the Abbey's Barrister already knew and apologised for not telling me outside the Court. We went into the Court the Judge said they had had a meeting amongst the Judges and in the West (I was in Plymouth) they had decided to stay all cases. I was prepared with my appeal, and asked if I could appeal the stay, he said 'You could but it wouldnt do you any good'. He then went on to say if the Banks were successful in the OFT case, and he made a judgement in my favour today I would have to pay it all back! He asked if that was okay, I said not really. I asked what would happen to the Court Costs that I had paid out if the banks were successful, he shrugged his shoulders and said 'Ive no idea!'.

Im really down in the dumps now, I then asked the Barrister why some people were getting offered payouts and he had no clue. What makes me mad is the Barrister probably earnt more than I was claiming. Im sick to my back teeth. :mad: